Know your rights: Motorists can refuse to pay traffic fines at roadblocks

Good news for cash-strapped Mzansi motorists is that they cannot be forced by traffic authorities to pay their fines on the spot when stopped at a roadblock.

This is according to Johannesburg Metropolitan Police Department (JMPD) spokesperson Xolani Fihla who explained that motorists may be provided with a list of their fines, but are not required to pay roadside.

According to him, road users will not face any action if they refuse to part with their money at the roadblock.

You do not have to pay traffics fine at roadblock – JMPD

“We use the Aarto [Administrative Adjudication of Road Traffic Offences] system, so you are not forced to pay traffic fines immediately at the roadblock and you won’t be arrested for any outstanding traffic fines,” Fihla told 702.

“These roadblocks for outstanding traffic fines is an initiative from the city to ensure that we bring services to the people,” he said.

“When you go to testing centres to enquire and to pay, you find that there are long lines, and it does become an inconvenience.”

• It should be noted that many online platforms in South Africa, including PayCity, FinesSA, the City of Cape Town, and various banks, allow users to pay traffic fines online without waiting in queues.

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Enforcement order

Speaking to eNCA, the JMPD spokesperson further explained that failing to pay a traffic fine on time will result in it becoming an enforcement order.

An enforcement order essentially blocks motorists from renewing their driver’s licence and their vehicle licence disc.

Check date when fine was issued – Outa

Organisation Undoing Tax Abuse (Outa) CEO Wayne Duvenage recommended motorists regularly check their fines and the dates they are issued.

“You have to be notified of a fine within 30 days. If that is not the case, you don’t have to pay those fines… [and] if it is not your car and you were not there, you must object to the fines.” 

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JMPD ahead of the pack with most traffic fines issued

According to data from various law enforcement authorities and the Road Traffic Management Corporation (RTMC), Johannesburg’s JMPD issued the most traffic fines of any major metro in the country in 2023.

My Broadband reported that the JMPD issued motorists 3.3 million fines during the year, generating R46.9 million in revenue through payments. However, R945 million worth of traffic fines went unpaid.

Clamp-down on unroadworthy vehicles

The JMPD has also warned this week of implementing stricter measures to keep unroadworthy vehicles off the city’s streets.

Any vehicle found with three or more defects will be removed from the roads. 

It says common defects that could cause vehicles to be impounded, include engine oil leaks, faulty rear brakes, worn-out tyres, cracked windshields, and non-functional indicators.

Fihla said the operation will be implemented with immediate effect.

“Other potential defects that could result in discontinuation of vehicles, include faulty lights, leaking exhaust systems, loose steering components, and faulty suspension components.

“The JMPD emphasises the importance of roadworthiness for public safety. Defective vehicles pose a significant risk to both drivers and pedestrians.

“The JMPD will continue to conduct regular roadblocks and inspections to identify and remove unroadworthy vehicles from our roads,” Fihla concluded.

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